The Office of the Public Guardian may at any time revise the terms and conditions contained in this section of the Website. You should therefore periodically review this section for the updated terms and conditions, which are in place at the time You gain access to, and/or use this Website. You expressly acknowledge that Your continued access to and use of the Website after the revised terms and conditions of the Website have been posted constitute an acceptance of the revised terms and conditions.
All copyrights in the text, images, photographs, graphics, user interface, and other content provided on the Website (“Contents”), as well as the selection, coordination, and arrangement of such Contents are owned by the Office of the Public Guardian or third party licensors. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the Contents on the Website for any purposes without prior written consent of the Office of the Public Guardian. Nothing in this Website shall be construed as conferring any licence or right under any copyright of the Office of the Public Guardian or any third party.
All rights in the names, images and logos identifying the Office of the Public Guardian, third parties and their works, products and services are proprietary marks of the Office of the Public Guardian or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under trade marks and copyright laws. Nothing in the Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right of use of any names, images or logos displayed on the Website without prior written consent of the Office of the Public Guardian or its third party owner.
The Website and the Contents are for personal information, entertainment and education only. No material from the Website (including photographs, images and text) may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way except for Your own personal non-commercial home use only provided that You keep intact all copyright and proprietary notices. Modification of the materials or use of the materials or any other purpose is a violation of the Office of the Public Guardian’s copyright and other proprietary rights. Any other use requires Our prior written consent.
General Prohibited Uses
Without limiting the foregoing, You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that:
- is copyrighted, unless You are the copyright owner;
- infringes any intellectual property rights of others or on the privacy or publicity rights of others;
- is defamatory, threatening, obscene, harassing, harmful or embarrassing to any other person or entity as determined by the Office of the Public Guardian in Our sole discretion;
- is sexually-explicit; or
- contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, robots, spiders, other automatic devices) to navigate, search, monitor or copy any pages within the Website or the Contents without the Office of the Public Guardian’s prior written consent;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
- take any action that imposes an unreasonable or disproportionately large load on the Office of the Public Guardian’s infrastructure; and
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising of in any way making up a part of the Website.
You further agree not to violate or attempt to violate the security of the Website, including, without limitation by:
- accessing data not intended for You or logging into a server or account that You are not authorised to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
- attempting to interfere with the Website to any user, host or network, including without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Website; and
- sending unsolicited e-mail, including promotions and/or advertising of products or services.
Third Party Websites
The Website may contain hyperlinks to third party websites and material. These hyperlinked websites are not under the control of the Office of the Public Guardian and You acknowledge and agree that We are not responsible for the availability of any third party websites or material You access through the Website, and We do not endorse and are not responsible or liable for any content, advertising, products or services, or material on such websites. We shall not be held responsible or liable for any damage or loss caused, or alleged to be caused, by or in connection with Your use of or reliance on any content, advertising, products or services, or material available on such websites. Any dealings between You and any advertisers or merchants found on or via the third party websites, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between You and the relevant advertiser or merchant. You agree not to hold Us liable for any damage or loss of any kind incurred as the result of any such dealings.
Hyperlinks to third party websites are provided to You only as a convenience. Under no circumstances shall the Office of the Public Guardian be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on third party websites to which the Website is linked.
Links to the website from other websites
Except as set forth below, caching and hyperlinks to, and the framing of the Website or any of the Contents are prohibited.
You must secure consent from the Office of the Public Guardian prior to hyperlinking to, or framing of the Website or any of the Contents, or engaging in similar activities. The Office of the Public Guardian reserves the right to impose conditions when permitting any hyperlinking to, or framing of the Website or any of the Contents.
The Office of the Public Guardian reserves all rights to disable any hyperlinks to, or frames of any third party websites containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
The Office of the Public Guardian reserves the right to disable any unauthorised hyperlinks or frames and disclaims any responsibility for the content available on any other site reached by hyperlinks to or from the Website or any of the Contents.
Suggestions, Comments and Feedback
You agree that any communications including information and material (“Information”) You send to the Office of the Public Guardian via this Website are on non-confidential and non-proprietary unless otherwise indicated by You. Such Information shall be deemed, and shall remain, the property of the Office of the Public Guardian. None of the Information shall be subject to any obligation of confidence on the part of the Office of the Public Guardian and You agree that the Office of the Public Guardian shall not be liable for any use of the Information by reproducing, publishing or otherwise using them in any way for any purpose.
Without limitation to the foregoing, the Office of the Public Guardian shall be free to use the content of any such Information, including any ideas, inventions, concepts, techniques or know-how disclosed herein, for any purpose, including the developing, manufacturing and/or marketing of goods or services. Further, the Office of the Public Guardian shall be free to use any ideas, concepts, know-how or techniques contained in such Information for any purpose whatsoever including but not limited to developing and marketing services incorporating such Information. If the applicable law does not recognise the Office of the Public Guardian’s ownership of such Information, then You agree to grant the Office of the Public Guardian an exclusive, irrevocable, worldwide, royalty free licence to exploit the intellectual property rights, including all future copyright and all other rights of whatsoever nature (including rights now known or in the future created) in and to the Information and any revisions, additions and updates to the Information, or any derivative work(s) of the Information, whether existing now or in the future, for the full period of the intellectual property rights and all renewals and extensions, and with full rights to the Office of the Public Guardian to do anything with the Information, its revisions, additions or updates, or any derivative work(s) of the Information, as determined by the Office of the Public Guardian in Our sole discretion.
The Office of the Public Guardian tries to ensure that all material provided in the Website is correct at the time of posting on the Website. For the avoidance of doubt, the Office of the Public Guardian does not warrant or make any representations regarding the use or the results of the use of the material in the Website in terms of their correctness, accuracy, reliability or otherwise and You agree that You do not and will not rely on any such representations, results or material. The Office of the Public Guardian is not liable for any action You may take as a result of relying on such material or for any damage or loss suffered by You as a result of Your taking this action.
The Office of the Public Guardian does not represent or warrant that the Website or the server that makes the Website available are free of viruses, defects or other conditions which would damage or interfere with data, hardware or software with which it might be used or that confidentiality of information transmitted through the Website would be maintained.
The material on the Website is provided on an “as is” basis and without warranties of any kind, either express or implied. To the fullest extent permissible under the applicable law, the Office of the Public Guardian disclaims all conditions, representations and/or warranties, express or implied, including, but not limited to implied warranties or conditions of satisfactory quality, merchantability, and fitness for a particular purpose, warranties against infringement of any third party intellectual property or proprietary rights, and warranties of compatibility, security and accuracy.
Limitations of Liability
Under no circumstances shall the Office of the Public Guardian be liable for any direct, incidential, consequential, indirect, special or punitive damages arising out of Your access to and use of or inability to use the Website.
Governing Law and Forum
Copyright © 2011 Office of the Public Guardian. All rights reserved. The copyright and the material contained in the Website belong to and remain the property of the Office of the Public Guardian.